The Department of Labor & Industries (L&I) updated its rules website
Rules filed September 10, 2020
Division: Division of Occupational Safety and Health (DOSH)
Topic: Emergency (CR-103E) - Temporary Worker Housing
Brief Description: This emergency rulemaking adopts WAC 296-307-16102 in chapter 296-307 WAC, Safety standards for agriculture. The Department of Health (DOH) and the Department of Labor & Industries adopted revisions to the initial emergency rule to support the continued response to the novel coronavirus disease 2019 (COVID-19) pandemic. DOH and L&I filed the initial emergency rules on May 13, 2020 under WSR 20-11-024 and WSR 20-11-025, respectively. As the pandemic continues to impact residents of Washington State and temporary worker housing occupants, and in response to the Governor's guidance, DOH and L&I are filing a second rule to protect occupants from COVID-19 hazards in licensed temporary worker housing.
The emergency rule will continue to require operators to: (1) Educate occupants in a language or languages understood by the occupants on COVID-19; (2) Provide occupants cloth face coverings; (3) Ensure physical distancing of occupants when at housing sites, which includes all cooking, eating, bathing, washing, recreational, and sleeping facilities; (4) With the exception of group shelters, prohibit the use of the top of bunk beds; (5) Ensure frequent cleaning and disinfecting of surfaces; (6) Identify and isolate occupants with suspect and confirmed positive cases.
The emergency rule will continue to include an option for group shelters. A group shelter is where a cohort of up to 15 occupants stay together and separated from others for housing, work, and transportation. The maximum number of occupants, 15, will not change. All dwelling units, facilities, and services must be only used by the group shelter members. If the operator is not the employer, the operator must ensure the employer will follow the group shelter requirements. Under the group shelter options, both the top and bottom bunk of bunk beds may be used, although the occupants must sleep head to toe.
In addition to the requirements of the initial emergency rule, this second emergency rule will also:
- Clarify minimum expectations for ensuring adequate ventilation to include: mechanical ventilation systems must be turned on or windows must be open whenever the sleeping quarters are occupied, and mechanical ventilation systems must be maintained according to the manufacturer's specifications.
- Add isolation requirements, including monitoring of occupants in isolation by health care professionals consistent with requirements for agricultural workplaces under the Governor’s August 19, 2020 Proclamation 20-57.1 and verification that outside isolation facilities meet the isolation requirements before transporting workers to the facility.
- Add a requirement to report to Division of Occupational Safety and Health (DOSH) within 24 hours whenever symptomatic or COVID-19 positive workers are placed in isolation.
- Clarify that barriers near cooking equipment must be fire retardant.
- Clarify the requirements for of use of shared facilities and common areas for multiple group shelters.
- Clarify existing requirements for the labeling of chemicals.
- Require any changes made to the revised temporary worker housing management plan be submitted to DOH.
Effective date: September 10, 2020
CR-103E Emergency Adoption
Adoption Language
Division: Division of Occupational Safety and Health (DOSH)
Topic: Preproposal (CR-101) - Temporary Worker Housing
Brief Description: The purpose of this rulemaking, in conjunction with the Department of Health (DOH), is to consider permanent amendments to further protect occupants in temporary worker housing and cherry harvest camps.
In February 2020, Governor Inslee proclaimed a State of Emergency in Washington State as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States. The virus was confirmed to spread person-to-person. Under the initial March 23, 2020 Proclamation 20-25, Stay Home, Stay Healthy, among other things, the Governor enacted various forms of social and physical distancing requirements. This was followed by Proclamation amendments adjusting the Stay Home, Stay Healthy order and transitioning to a phased-in approach to re-opening Washington State, referred to as “Safe Start Washington.”
DOH and L&I have responded to the COVID-19 pandemic by adopting emergency rules to protect occupants from COVID-19 hazards in licensed temporary worker housing (TWH). The Governor has also issued Proclamation 20-57 and 20-57.1 addressing workplace and transportation requirements for COVID-19 specific to the agriculture industry. Stakeholder feedback and peer reviewed research indicate that the pandemic will continue into 2021 and possibly longer and that existing permanent rules for temporary worker housing jointly adopted by DOH and L&I may need revision to address hazards from COVID-19 or other outbreaks of airborne infectious diseases.
DOH and L&I will consider such topics as: (1) Housing ventilation requirements; (2) Isolation requirements during outbreaks; (3) Requirements for group shelters; and overall clarification throughout the chapter as necessary. Some amendments made as part of the emergency rules will be considered for permanent rulemaking.
CR-101 Preproposal
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